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Seventh Circuit Vacates and Remands Case For Resentencing As District Court Failed to Apply Correct Standard of Proof

By Douglas A. Berman

In United States v. Schroeder, the Seventh Circuit clarified the important distinction between the standard for admissibility of evidence at sentencing hearings and the government?s burden of proof with respect to a disputed fact -- in this case, the amount of loss based on relevant conduct.  Schroeder?s first sentence, for one count of tax preparer fraud, was reversed by the Seventh Circuit upon a joint motion, because the sentence imposed was six months longer than the statutory maximum.  Oops.  Schroeder?s resentencing hearing fared little better.  Here, the primary area of contention was the tax loss calculation.  The government?s loss figure included amounts based on civil audits of Schroeder?s tax return clients, which revealed overstated or misrepresented deductions...continue to full post

Full post as published by Sentencing Law and Policy on August 06, 2008 (boomark / email).